Cabrillo Point Academy Comprehensive School Safety Plan

Cabrillo Point Academy

Comprehensive School Safety Plan

13915 Danielson St. #200

Poway, CA 92064

This document is to be maintained for public inspection during business hours.

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I. INTRODUCTION

Cabrillo Point Academy is committed to ensuring that all enrolled students and all employees are safe and secure. Cabrillo Point Academy believes that a beginning step toward safer schools is the development of a comprehensive plan for school safety by every school. Cabrillo Point Academy intends that parents, students, teachers, administrators, counselors, classified personnel, and community agencies develop safe school plans as a collaborative process. The plan will be reviewed and updated on an annual basis and proposed changes will be submitted to the Board for approval no later than March 1 of each year.

The California Education Code section 47605(c)(5)(F)(ii) requires California charter schools to develop a school safety plan, which shall include the topics listed in Education Code section 32282(a)(2)(A) to (J).

Plans for Charter Schools must “identify appropriate strategies and programs that provide and maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, which shall include the development of all of the following

A. Child Abuse Reporting Procedures - Penal Code 11164. et seq.

B. Disaster Procedures, routine and emergency plans, and crisis response plan, including

1. Earthquake emergency procedure system that includes: A school building disaster plan (Fire; relocation/evacuation; bomb threat; bioterrorism/hazardous materials; earthquake; flood; power failure/blackout; intruders/solicitors; weapons/assault/hostage; explosion; gas/fumes)

2. A drop procedure, drop procedure practice

3. Protective measures to be taken before, during and after an earthquake

4. A program to ensure that pupils, and certificated and classified staff are aware of and are trained in the procedures

5. Procedures to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during an emergency

C. Suspension/Expulsion policies for Pupils who commit certain acts and other school- designated serious acts that would lead to suspension or expulsion– Ed Code 48915

D. Procedures to notify teachers of dangerous pupils – Ed Code 49079

E. Discrimination and Harassment Policy (include hate crime reporting procedures and policies)

F. Schoolwide Dress Code (if it exists - including prohibition of gang-related apparel)

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G. Procedures for safe ingress and egress of pupils, parents, and school employees to and from school site (pick-up, drop-off, maps, etc.)

H. A safe and orderly environment conducive to learning at the school

I. Rules and procedures on school discipline adopted pursuant to Education Code section 47605

J. Procedures for conducting tactical responses to criminal incidents

II. CHILD ABUSE REPORTING PROCEDURES

Child abuse reporting law (Penal Code Section 11164, et seq.) requires that a Cabrillo Point Academy employee who has reason to believe that a child has been subjected to abuse, report the incident to the proper authorities.

At Cabrillo Point Academy, protecting children from child abuse is a major priority. Each year the administration sets aside time to meet with staff to discuss child abuse indicators and to remind teachers of the procedures to follow when abuse is suspected and provide annual training regarding the required procedures for mandated reporters within the first six weeks of each school year. Any employee hired during the school year shall receive such training within the first six weeks of employment.

Employees of Cabrillo Point Academy are familiar with Penal Code Section 11166 and understand the requirement that certificated and classified personnel report suspected child abuse immediately or as soon as practically possible to Children’s Protective Services by telephone. They are aware that a call must be followed within at least 36 hours by a written report to the child protective agency.

All staff is aware of the location of a Child Abuse Information Folder that is kept on file and updated regularly. It includes informational literature, guidelines for recognizing abuse and specific directions for reporting it.

The determination as to who should be contacted will depend greatly upon the situation at hand. The local law enforcement agency will dispatch a unit to the school as soon as possible. Children’s services may take much longer to respond. School personnel should always take into consideration the severity of the abuse and the extent to which the student’s safety is at risk.

Duty to Report

Certificated employees and classified employees trained in child abuse identification and reporting shall report known or suspected child abuse to a child protective agency by telephone immediately or as soon as practically possible and in writing within thirty-six hours. The reporting duties are individual and cannot be delegated to another individual.

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Reporting Procedures

A. To report known or suspected child abuse, any employee (as defined above) shall report by telephone to the local child protective agency.

The telephone report must be made immediately, or as soon as practically possible, upon suspicion. The verbal report will include:

1. The name of the person making the report.

2. The name of the child.

3. The present location of the child.

4. The nature and extent of any injury.

5. Any other information requested by the child protective agency, including the information that led the mandated reporter to suspect child abuse.

At the time the verbal report is made, the mandated reporter shall note the name of the official contacted, the date and time contacted, and any instructions or advice received.

B. Within thirty-six (36) hours of making the telephone report, the mandated reporter will complete and mail, fax, or electronically transmit a written report to the local child protective agency.

The written report shall include completion of the required standard Department of Justice form (DOJ SS 8572). The mandated reporter may request and receive copies of the appropriate form from the local child protective agency, or may retrieve the form from the internet.

Detailed instructions for completion of the form are on the back sheet of the form. Reporters may request assistance from the site administrator in completing and mailing the form; however, the mandated reporter is still responsible for ensuring that the written report is correctly filed.

C. Employees reporting child abuse to a child protective agency are encouraged, but not required, to notify the site administrator or designee as soon as possible after the initial verbal report by telephone. The site administration, when notified, shall inform the Senior Director.

Administrators so notified shall provide the mandated reporter with any assistance necessary to ensure that the verbal or written reporting procedures are carried out according to state law and district regulations. If requested by the mandated reporter, the Senior Director may assist in the completion and filing of these forms.

When two (2) or more persons who are required to report jointly, have knowledge of suspected instance of child abuse, and when there is agreement, and a single report may

pg. 4 be made and signed by the person selected. However, if any person who knows or should know that the person designated to report failed to do so, that person then has a duty to make the report.

The duty to report child abuse is an individual duty and no supervisor or administrator may impede or inhibit such reporting duties. Furthermore, no person making such a report shall be subject to any sanction.

Release of Child to Peace Officer

When a child is released to a peace officer and taken into custody as a victim of suspected child abuse, the Senior Director shall not notify the parent or guardian as required in other instances of removal of a child from school, but rather shall provide the peace officer with the address and telephone number of the child’s parent or guardian.

It is the responsibility of the peace officer to notify the parent or guardian of the situation. Peace officers will be asked to sign an appropriate release or acceptance of responsibility form.

When School Employees are Accused of Child Abuse

Regardless of who child abusers may be, the major responsibilities of mandated reporters are to (1) identify incidents of suspected child abuse, and (2) comply with laws requiring reporting of suspected abuse to the proper authorities. Determining whether or not the suspected abuse actually occurred is not the responsibility of the school employee. Such determination and follow-up investigation will be made by a child protective agency.

Parent/guardians or members of the public accusing school employees of child abuse should be made aware of the ramifications of making false reports and should be provided with information regarding child abuse and child abuse reporting.

Disciplinary action resulting from the filing of formal charges or upon conviction shall be in accordance with School policies. The Senior Director or designee should consult with legal counsel in handling the employee discipline.

III. DISASTER PROCEDURES

Cabrillo Point Academy will take all necessary measures to keep students, staff and visitors safe in the event of a disaster. The following sections of this plan outline basic responsibilities for all staff for specific incidents.

The Standardized Emergency Management System (SEMS) based upon the Incident Command System (ICS) and the National Incident Management System (NIMS) will be utilized during all emergencies. When the school activates the ICS, communication and coordination will be established between the Incident Commander (in the field) and the Emergency Operation Center (EOC) Director. The Incident Commander will be the senior school staff member at the location of the incident. The EOC Director is the Senior Director, or if unavailable, the Assistant Senior Director.

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A. RESPONSIBILITIES

The individual(s) responsible for implementation of this plan or to contact for any clarification is:

Jenna Lorge, Senior Director, (p) 951-741-4376, [email protected]

Erika Vanderspek, Assistant Senior Director, (p) 858-361-7078, [email protected]

In the absence of the Senior Director or Assistant Senior Director, Assistant Directors are responsible for ensuring that employees are in compliance with this Plan.

The EOC Director is responsible for operating and coordinating all emergency operations, requesting mutual aid assistance from law enforcement and emergency agencies, and has complete authority and responsibility for conducting the overall operations.

Supervisors will notify their employees of any known safety hazards or emergencies. Employees will notify their supervisor of any new safety hazards or emergencies. Employees will follow all reporting instructions as outlined in this Plan.

B. EMERGENCY TELEPHONE NUMBERS

1) Local Police - San Diego County Sheriff’s Department, 858-513-2800

2) Local Fire – Poway Fire Department Station 1, 858-668-4460

3) Local Hospital – Palomar Medical Center Poway, 858-613-4000

In the event of a major emergency or disaster, the 9-1-1 emergency system may not function because of traffic overload. If you have a situation requiring immediate aid from police, fire or medical personnel you should try to use the 9-1-1 number first for immediate aid. In the event that the 9-1-1 emergency system is not functioning, you should call the local police department or fire department.

C. SPECIFIC PROCEDURES

1. EVACUATION PROCEDURES

Earthquakes, fire, bomb threats, hazardous chemical spill, or an incident on or near the office are just a few examples of an emergency incident situation that may require that portions of a building or an entire school building be evacuated.

The supervisor in charge at the office should identify evacuation areas on site and alternative off- sites areas should it be necessary to evacuate.

A safe evacuation route must be able to accommodate moving a large number of people, while not exposing employees to danger. The location and type of emergency necessitates

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evaluation and possible adjustments to the usual evacuation routes. This evaluation will determine if the building should be evacuated in segments or if stationing a person at certain exits is necessary so that staff can be re-routed away from danger.

The movement of staff out of buildings requires accounting for every employee. In order to account for staff, work area supervisors must have available employee lists so that missing or extra staff can be reported immediately to the Command Posts (school; law enforcement; fire). When evacuating their work area, worksite supervisors must bring with them the location roster and emergency supplies.

During an evacuation, the following procedures must be followed:

✓ Move staff to the designated Evacuation Area. ✓ Take roll by completing Staff Accountability Form ✓ Runners collect Staff Accountability Report from classroom or work areas. ✓ If employee has an assignment on Emergency Management Team Organizational Chart, report to the Command Post (CP) and sign in.

✓ Report to Incident Commander (IC) for briefing and assignment.

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2. SHELTER IN PLACE/LOCKDOWN/REVERSE EVACUATION PROCEDURES

Some emergencies may prevent safe evacuation and require steps to isolate staff from danger by instituting a lockdown or shelter in place. Other emergencies may occur prior to the work day, during break or lunch periods, or after the work day. When staff may be outside the school building or work site, a reverse evacuation should be initiated.

All employees must be familiar with the specific actions they must take during a lockdown or reverse evacuation. Discussions, training, and practice drills are essential to make these procedures workable.

In the event of a shelter in place, lockdown or reverse evacuation, work area supervisors must utilize the following procedures:

✓ If outside, move to the nearest building or room providing it is a safe route and that you are not moving in the direction of danger.

✓ If inside, stay inside. ✓ Lock door(s) to buildings and or work areas. ✓ If possible, quickly close all windows and then move away from the windows. ✓ Use caution when allowing late reporting staff to enter into the building. ✓ Have staff hide, if appropriate. ✓ Take roll using Staff Accountability Form. ✓ Report any “extra” staff that sought cover in your work area. Take this form with you if you are directed by the Incident Commander to evacuate your work area at a later time.

✓ Await further instructions from the Incident Commander via public address system, phone or an e-mail notification to all staff.

✓ DO NOT use the telephone to call out as all lines must be kept open, unless there is a dire emergency in your work area.

✓ Remain in the room/office until a member of the Emergency Management Team or a law enforcement officer arrives with directions.

✓ Have employees familiar with the building’s mechanical system turn off all fans, heating and air conditioning systems. Some systems automatically provide for exchange of inside air with outside air – these systems, in particular, need to be turned off, sealed, or disabled.

✓ Gather essential disaster supplies, such as nonperishable food, bottled water, battery-powered radios, first aid supplies, flashlights, batteries, duct tape, plastic sheeting and plastic garbage bags.

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✓ Designate interior rooms(s) above the ground floor with the fewest windows or vents. The room(s) should have adequate space for everyone to be able to sit in. Avoid overcrowding by selecting several rooms if necessary. Large storage closets, utility rooms, meeting rooms, or conference room without exterior windows will also work well.

✓ Call emergency contacts and have the phone available if you need to report a life- threatening condition.

✓ Bring everyone into the rooms that have been designated. Shut and lock the door.

✓ Use duct tape and plastic sheeting (heavier than food wrap) to seal all cracks around the doors and any vents into the room. Consider precutting plastic sheeting to seal windows, doors, and vents. Each piece should be several inches larger than the space you want to cover so that it lies flat against the wall or ceiling/. Label each piece with the location of where it fits.

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3. PROCEDURES FOR CONDUCTING A “SIZE-UP”

A “SIZE-UP” is a nine-step continual data gathering process that determines if it is safe to perform a certain emergency task, whether fire suppression, search and rescue, facilities assessment, etc. A size-up enables first responders to make decisions and respond appropriately in the areas of greatest need. The nine steps in a “size- up” are:

A. Gather Facts:

● What has happened? ● How many people are involved? ● What is the current situation? ● Does the time of day or week affect this situation? ● Do weather conditions affect the situation (e.g. forecast, temperature, wind, rain)? ● What type(s) of structures are involved? ● Are buildings occupied? If yes, how many? ● Are there special considerations involved (e.g. children, elderly, disabled)? ● Are hazardous materials involved at or near the situation? ● Are other types of hazards likely to be involved?

B. Assess and Communicate the Damage:

● Take a lap around each building and try to determine what has happened, what is happening now, and what may happen next. ● Are normal communications channels functioning (e.g. ICS, radios, e-mail, phones)?

C. Consider Probabilities:

● What is likely to happen? ● What is the worst-case scenario?

D. Assess Your Own Situation:

● Are you in immediate danger? ● Have you been trained to handle this situation? ● What resources are available which can assist with your current situation?

E. Establish Priorities:

● Are lives at risk? Remember, life safety is the first priority!

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● Can you and available resources handle this situation SAFELY without putting others at risk? ● Are there more pressing needs at the moment? If yes, what are they?

F. Make Decisions:

● Base decisions on the answers to Steps 1 through 3 and the priorities that your team has established. ● Where will deployment of resources do the most good while maintaining an adequate margin of safety?

G. Develop an INCIDENT ACTION PLAN:

● Develop a plan that will help you accomplish your priorities. ● Simple plans may be verbal, but more complex plans should always be written. ● Determine how personnel and other resources should be deployed.

H. Take Action:

● Execute your plan, documenting deviations and status changes so that you can accurately report the situation to first responders, the Incident Command Post, the EOC, or other agencies that respond to the scene (e.g. fire, law enforcement, medical, media, coroner, parents).

I. Evaluate Progress:

● At reasonable intervals, evaluate progress in accomplishing the objectives in the plan of action

(Incident Action Plan) to determine what is working and what changes you may have to make to stabilize the situation

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4. BOMB THREAT

Telephone Bomb Threat

● During or after the call, if possible, complete the bomb threat checklist found on page __. ● Stay on the line with the caller as long as possible, continuing to try and obtain more information about the threat. Try if possible, to determine the gender and age of caller. Try if possible, to get the caller to tell you the exact location of the bomb and the time of threatened detonation. ● Have someone else call 911 (first 9 is to obtain outside line) and notify the Senior Director. If the Senior Director is not available, notify the Assistant Senior Director. ● Without using portable radios or cell phones, organize a meeting with the school’s Emergency Management Team (EMT). Radio and cell phone usage can resume once you are 300 feet away from school premises as a bomb could be hidden outside. ● If necessary, implement the ICS with only those positions deemed necessary. ● Assign a recorder to document events as they take place. ● If the location of the bomb is not specifically designated, students and staff will be kept in a secure location. ● Any search of the site should be done under the direction of law enforcement. ● The decision to evacuate the location is the responsibility of the Senior Director or his/her designee, in conjunction (when possible) with law enforcement. ● If an evacuation is ordered, do not touch anything while leaving the building. Report any suspicious items to the Incident Commander. ● Follow off-site evacuation procedures. ● If the caller identifies a location where the device has been placed, avoid evacuating through the identified area. ● EMT members responsible for off-site evacuation and student accounting should begin making preparations for an orderly transition of the students/staff to the evacuation site. ● When the off-site evacuation location is reached, account for all students and staff. Report missing students/staff to the Incident Commander. The Incident Commander will report missing students/staff to the law enforcement agency assisting with the evacuation. ● Re-entry onto the school campus can only take place at the direction of Incident Commander.

pg. 12 E-Mail Bomb Threat

● Save the e-mail message. ● Print a copy of the message and give to the Senior Director, law enforcement, and the Technology Department. ● Follow applicable procedures from above.

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BOMB THREAT REPORT FORM: School: Cabrillo Point Academy This form will help you obtain the necessary information from the caller. Keep this information near the phone. Date: Time: AM PM Exact words of the person placing call:

QUESTIONS TO ASK: 1.) When is the bomb going to explode? 2.) Where is the bomb right now? 3.) What kind of bomb is it? 4.) What does it look like? 5.) Why did you place the bomb? 6.) What will prevent you from doing this? 7.) What is your name? (He/she may inadvertently give it)

TRY TO DETERMINE THE FOLLOWING: (Circle all that apply) Caller Description: Male Female Adult Juvenile Middle Aged Old Voice: Loud Soft High-pitch Deep Raspy Pleasant Intoxicated Accent: Local Non-Local Foreign Region Other: Speech: Fast Slow Distinct Distorted Stutter Nasal Slurred Lisp Language: Excellent Good Fair Poor Foul Other: Manner: Calm Angry Rational Irrational Coherent Incoherent Deliberate Emotional Righteous Laughing Intoxicated Background Noises: Office Machines Factory Machines Trains Animals Music Quiet Voices Airplanes Street Traffic Party Atmosphere Other:

NOTIFY THE FOLLOWING PERSON(S): Do not panic and do not discuss the information you have received except with the above-named persons. Person receiving the Bomb Threat: _ at telephone number . Caller ID returned the following number: .

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Police contacted by: Time: Date: Search was made for the bomb: Y N Evacuation was conducted: Y N

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5. FIRE/EXPLOSION/AIRCRAFT CRASH OR SIMILAR INCIDENT

Apart from arson, major causes of fires include improper handling and storage of flammable liquids, overloaded electrical outlets, and excessive accumulation of rubbish.

FIRE/EXPLOSION/AIRCRAFT CRASH PROCEDURES

• Call 911 to report a fire, explosion, aircraft crash, or similar incident, stay on- line and give specific information (name, address of school or facility). Utilize manual pull station to activate building alarm system and evacuate building when you hear an alarm. • In the event of a small fire, notify 911 and then use the nearest fire extinguisher to control the fire if you have been trained in their use. • Do not attempt to fight large fires, call 911 and evacuate building. • Assist students in evacuating the building and proceed to outdoor school evacuation area or areas. When evacuating buildings walk, do not run. • If heavy smoke is present, crawl or stay near floor for breathable air. • Assist any individuals who would have physical problems evacuating the building. Stay in the designated assembly area and account for all personnel and students by using the Staff and Student Accountability Report. • Do not block fire lanes or areas used by the fire department. • Do not re-enter building until authorized by fire department or the Senior Director. • If the fire is off site, wait for instructions from the EOC (Senior Director) or the EOC’s designee. • If safe to do so, site administration should assign a recorder to begin documentation of the event. • Before leaving a work area, and if safe to do so, the work area supervisor or their designee should make sure all windows are closed. • Procedures for anyone with special-needs should be planned in advance and practiced. • Administration should initiate the Incident Command System (ICS) and the designee assumes the role of the Incident Commander (IC); the IC shall contact the EOC; the EOC and IC shall coordinate with emergency services. • Supervisors are to complete the Staff Accountability Report when safe to do so. • Data collected from the Staff Accountability Form will determine if the Incident Commander needs to activate additional portions of the ICS, such as First Aid, Medical, Search and Locate/Rescue, etc.

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• The fire department will give clearance to site administration when it is OK for staff to re-enter the building or an alternative plan if the building will not be able to be occupied.

FIRE DRILL PROCEDURES

● NO advance notice of fire drills should be given to building occupants. ● All drills shall be conducted using the same procedures that would be followed in case of an actual fire. ● Fire drills should be conducted at different hours of the day. ● An appropriate number of staff members should know how to reset the fire alarm. ● Immediately after the alarm has sounded for the drill, call the Fire Department non-emergency number to advise that this is only a drill. ● Keep documentation for each drill and record notable events for future consideration/improvement. ● Fire drills shall be conducted as frequently as is required by law.

POSTING OF EVACUATION ROUTES

● A map, showing the primary and secondary evacuation routes shall be posted inside each room. The evacuation map shall have the office location highlighted and be placed on the wall so that an arrow indicating the exit route is pointing in the direction of the exit from the room. ● The map shall be labeled “EVACUATION PLAN” in bold letters and prominently posted in hallways, offices, bathrooms, cafeterias, lounges.

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6. EARTHQUAKE

An earthquake’s effect on facilities will vary from building to building. Fire alarm or sprinkler systems may be activated by the shaking. Elevators and stairways will need to be inspected for damage before they can be used. Another major threat during an earthquake is from falling objects and debris. Injuries may be sustained during the earthquake while evacuating the building(s) or upon re-entry. Use the following guidelines/procedures to manage the incident:

IF INDOORS

● DROP, COVER AND HOLD ON by getting under a desk or table. Protect eyes, head and neck. ● Move away from windows and objects that could fall. ● Stay under desk or table until shaking stops. ● Listen for emergency instructions. ● Evacuate building if necessary and stay away from buildings, utility poles and large objects while transferring to the assembly area. ● Account for all staff using Staff Accountability Report.

IF OUTDOORS

● Move away from buildings, utility poles and large objects. ● Avoid all downed electrical lines. ● Do not touch any wire or any metal objects. ● Sit down in a safe area. ● Move to assembly area and begin accounting for all staff.

IN VEHICLE:

● Stop vehicle in a safe location away from power lines, overpasses or buildings. ● Stay in vehicle and establish radio contact with School office.

GENERAL GUIDELINES (AFTER THE QUAKE):

● Be prepared for aftershocks and ground motion. ● Evaluate immediate area for earthquake related hazards (fire, building collapse, gas leaks, downed electrical lines, wires, etc.). ● Account for all staff. ● Activate necessary portions of the ICS in collaboration with the site emergency team. ● Determine injuries and provide basic first aid.

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● Call 911 if there is a major emergency that is life threatening. You may not get a response from 911 if a major disaster has occurred affecting a large local area. As we have been warned, we may be on our own for several hours or days. ● Establish communication with your Supervisor and Incident Commander ● Assist any law enforcement or fire units that may respond to your site. ● Control internal and external communications, including contact with school sites and city agencies by use of telephones, cell phones, radios, runners, e-mail, text messages, or other means. ● Refer all media inquiries to the EOC (Senior Director). ● In communication with the school sites, assess the overall situation, how long students and staff might be at school, how supplies might be distributed and sheltering of students and staff.

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7. SHOOTING/STABBINGS

No single warning sign can predict that a dangerous act will occur; however, certain warning signs may indicate that someone is close to behaving in a way that is potentially dangerous to self and/or others. Imminent warning signs usually are present as a sequence of overt, serious, or hostile behaviors or threats directed at peers, staff (usually more than one staff member), as well as the person’s immediate family.

IMMINENT WARNING SIGNS REQUIRE AN IMMEDIATE RESPONSE AND MAY INCLUDE THE FOLLOWING

● Physically fighting with peers or family members. ● Hostile interactions with law enforcement that involve a number of recorded incidents. ● Hostile interactions with staff and administration. ● Destruction of property (school, home, community). ● Severe rage for seemingly minor reasons. ● Detailed (time, place and method) threats (written and/or oral) to harm or kill others. ● Possession and/or use of firearms and other weapons. ● Self-injurious behaviors or threats of suicide. ● Is carrying a weapon, particularly a firearm, and has threatened to use it.

WHAT TO DO IF A SHOOTING/STABBING OCCURS AT THE SCHOOL OFFICE

● The first indications of a shooting may include: sound of gunfire, loud cracking sounds, banging noises, windows shattering, glass exploding, bullets ricocheting or a report of a stabbing incident on campus. ● Call 911. Identify your address, and succinctly explain the emergency incident and exact location. Stay on the line until the 911 dispatcher has all the information needed to respond to the situation. ● Activate Incident Command System (ICS). ● Appoint Incident Commander and communicate location to law enforcement and fire/rescue units. ● If possible, initiate a work site lockdown to stabilize areas around the incident and make for an easier evacuation. ● Notify appropriate individuals, i.e., EOC (Senior Director, Assistant Senior Director). ● Provide information, when practicable, about the incident to staff via e-mail or by phone.

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● Account for all staff members and students by using phone or e-mail or other communication means. ● Assign a liaison (preferably an administrator) to interface with law enforcement and fire department. ● Liaison can supply law enforcement with radio or phone communication, phone numbers, maps, keys, and other information deemed pertinent to the safe operation of the incident. ● Gather witnesses in secure room for law enforcement questioning. DO NOT allow witnesses to talk to one another (to protect the investigation). Assign staff to stay with witnesses until law enforcement arrives. ● Develop plan to evacuate staff and students to an off-site or alternate evacuation area should it be necessary to evacuate the building. ● Gather information of staff members and students involved in the incident. ● Prepare written statements for telephone callers and media in cooperation with law enforcement and the Senior Director. After consultation with law enforcement, determine whether to place a message on the School’s website. ● Provide a liaison representative for family members for any injured staff members. ● Provide Crisis Response Team to provide counseling and to help deal with any psychological factors.

IF STAFF ARE OUTSIDE, THEY SHOULD BE TRAINED AND/OR INSTRUCTED TO

● Move or crawl away from gunfire, trying to put barriers between you and the shooter. ● Understand that many barriers may visually conceal a person from gunfire but may not be bulletproof. ● Try to get behind or inside a building. Stay down and away from windows. ● When reaching a relatively safe area, stay down and do not move. Do not peek or raise head. ● Listen for directions from law enforcement. ● Provide your name to work area supervisor who is accounting for all staff. ● Help others by being calm and quiet. ● Provide law enforcement with as much information as possible, such as:

✓ Is suspect still on site and do you know current location? ✓ Where was the specific location of occurrence? ✓ Are there wounded staff members or students? How many?

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✓ Description of all weapons (hand gun, shotgun, automatic, dangerous objects, explosive devices, other).

✓ Describe sound and number of shots fired. SCENE OF INCIDENT

● The scene of an incident/crime shall be preserved. ● With the exception of rescue and law enforcement personnel, no one is allowed to enter the immediate area or touch anything. ● Any witnesses, including staff members, should be held near the area of the incident and be made available to law enforcement for questioning. ● Law enforcement responding to the incident will coordinate activities at the scene of the incident and release the area to school officials when finished.

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8. DEATH AND/OR SUICIDE

Death at a workplace or school site is rare; however, you should be prepared in the event of a death whether it be caused by earthquake, explosion, building collapse, fire, choking, heart attack, seizure, or an incident such as a shooting/stabbing, fight, suicide, etc.

Organizations should also be prepared for the sudden, unexpected death of a staff member or a family member that does not occur on the school campus (automobile accident, sudden death, drive by shooting, gang violence, etc.).

Guidelines to utilize in the event of a death are outlined below.

DEATH OCCURS AT SCHOOL

● Call 911. Identify your address and briefly outline the emergency and location on site. ● Notify the school administration. ● Activate the Incident Command System if necessary. Assign staff as needed. ● Notify the EOC. ● Isolate other staff from scene. ● If there is a death, do not move body. Law enforcement will contact the coroner’s office so that the body can be removed, and any personal items of the victim can be returned to family or secured as evidence. ● DO NOT disturb or touch anything if the event is declared a crime scene. ● Secure area with yellow caution tape and assign staff to guard area. ● Gather all witnesses and place them in a secure location. Tell witnesses not to discuss any part of their observations until law enforcement arrives to interview or release them. Assign staff to monitor witnesses. ● If the deceased is an employee, the EOC must notify Cal-OSHA within the 8-hour time requirement. Law enforcement or fire department may inform you they will contact Cal-OSHA; however, the School still must make certain it calls Cal- OSHA. ● Monitor staff emotional responses. Following a death there may be:

✓ Self-referrals ✓ Parent referrals ✓ Reports and concerns expressed by relatives or good friends ✓ Students who have experienced a recent loss. ● Develop a list of students and staff members that are having emotional symptoms.

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9. HOSTAGE SITUATIONS

In any hostage situation, the primary concern must be the safety of staff.

Individuals who take hostages are frequently disturbed and the key to dealing with them is to make every attempt to avoid antagonizing them. Communication and demeanor with a hostage taker must be handled in a non- threatening, non-joking manner, always remembering that it may take very little to cause an individual to become violent.

IF THE OFFICE IS TAKEN HOSTAGE

● Do not use words such as “hostage,” “captives,” or “negotiate.” ● Stay calm. ● No heroics, challenges or confrontation. ● Obey all commands. ● When safe, call 911. Identify your work site and give the exact location in the building of the incident. Stay on the phone until law enforcement arrives to assume control of the situation. ● If possible, assign another staff member to notify the Site administrator. ● If possible, initiate a work site lockdown to stabilize areas around the incident and make for an easier evacuation. ● Activate the Incident Command System and appoint an Incident Commander (IC). ● If possible, the IC can provide law enforcement with key information relating to the work site and contact information for school employees. ● Keep all radios, television sets, and computers turned off to minimize any possibility that suspect can hear or see “NEWS REPORTS.” ● Make an effort to establish rapport with suspect. Provide your first name. Find out his/her first name and use first names, including those of other staff members involved in the situation. If you do not know first names, refer to the hostages(s) as men, and women. ● Be calm and patient and wait for help. Keep in mind that the average hostage incident lasts approximately six (6) to eight (8) hours, and the average barricade incident lasts approximately three (3) hours. TIME IS ON YOUR SIDE. ● Anticipate a point of law enforcement entry, rescue and how suspects will be apprehended. ● If the hostage situation is on one side of the building, law enforcement will likely want to enter from the other side. Inform law enforcement exactly where the “Hostage Situation” is located and advise law enforcement what you consider to be the best “other side” entrance for law enforcement response.

pg. 24

WHEN THE HOSTAGE LOCATION IS OTHER THAN AN OFFICE

● Immediately call 911. Identify your address and the situation, providing the exact location of the incident. STAY ON THE LINE UNTIL LAW ENFORCEMENT ARRIVES. ● While on the phone with the 911 dispatcher report the following if known:

✓ Number of suspect(s) ✓ Names(s) of suspect(s) (if known) ✓ Description of suspect(s): ➢ Male or Female ➢ Race ➢ Weight (Light; Lean; Heavy; Obese) stay away from using lbs. ➢ Height (short; medium; tall) avoid using feet/inches ➢ Hair ➢ Eyes ➢ Approximate age ➢ Description of clothing ➢ Anything special or unusual, like: o Scars o Tattoos o Burn marks o Birthmarks o Pierced body parts o Jewelry

✓ Exact location of suspect (building, room) and include North, South, East or West in your directions.

✓ Approximate number of staff and/or students in hostage area. ✓ Are weapons or explosive devices involved? ✓ Have any shots been fired? If yes, describe sound and number of shots fired. ✓ Are there reports of any injuries or emergency medical needs (medication)? Describe exact location and condition of victim(s).

✓ Are there any demands the suspect has made? ✓ Is there any other background information, past problems with suspect, demeanor, possible motive, or vendettas against staff or particular staff member?

pg. 25

● If possible, assign another staff member to notify the EOC.

WHILE WAITING FOR LAW ENFORCEMENT

● If you can safely communicate to other offices by phone, implement lockdown procedures. For this situation, DO NOT set off any alarms as the bell may cause staff to panic and rush into a dangerous area. ● DO NOT EVACUATE until instructed or escorted by law enforcement. ● Complete Staff Accountability Report.

ONCE LAW ENFORCEMENT ARRIVES

● Law enforcement will need assistance in identifying witnesses. Gather witnesses in a secure location but do not let them talk with one another (to protect the investigation).

THE IC SHOULD MAKE PLANS TO

● Assign necessary personnel to assist. ● Record all events. ● Account for all staff. ● Prepare for a possible off-site evacuation route and location. ● Establish a media staging area.

pg. 26

10. HOSTILE VISITOR

A hostile visitor could be an irate parent, a staff member, a neighbor, or an acquaintance of a staff member. The situation may begin in the front office; however, the individual may bypass the office and go directly to the target of his/her hostility. It is the responsibility of staff to protect staff, attempt to defuse the situation, and, if necessary, notify law enforcement.

UNDERSTANDING NONVERBAL MESSAGES

Body language plays a role in communication. Nonverbal cues are especially crucial when dealing with a person who is upset and potentially violent. Pay attention to signs that a person is angry or frightened. These include:

● Trembling ● Sweating ● A red face ● Crossed arms ● Clenched jaw or fists ● Shallow breathing ● Glaring or avoiding eye contact ● Pacing the floor ● Sneering ● Crying ● Ranting

SEND THE RIGHT NONVERBAL MESSAGES

Don’t get too close. An angry or upset person feels threatened by someone who stands too close. Give the person two to four feet distance from you.

Avoid doing any of the following:

● Glaring or staring at the visitor ● Threatening mannerisms such as clenched fists and a raised voice. ● Getting angry

Consider doing the following:

● Be courteous and confident ● Do not touch the individual ● Protect yourself at all times

pg. 27

● Find another staff member to join you or keep the meeting in an open area ● Listen to the visitor, giving him/her the opportunity to vent ● Do not disregard the person’s opinion or blame the person.

ATTEMPT TO USE PHRASES SUCH AS:

● What can we do to make this better? ● I understand the problem and I am concerned. ● We need to work together on this problem.

WHAT TO DO:

● As soon as possible, call 911 and stay on the line. State your address, and exact location of hostile visitor. Identify building by letter (A, B, C, D, etc.) or number and use directions (North, South, East or West) for law enforcement as they enter the grounds. Give a description of the hostile visitor. ● If possible, assign a staff member to meet law enforcement and direct them to the location. ● The staff member should unlock any gate that makes access to the building easier and faster. ● If possible, notify the Site Administrator. ● If necessary, activate the Incident Command System, using only those parts of ICS as determined by the information at hand. Expand ICS as needed. ● Use staff members to keep staff away from the location of the hostile visitor.

pg. 28

11. CHEMICAL RELEASE/ HAZARDOUS MATERIAL SPILL

A chemical release or hazardous material spill could affect one classroom, an entire worksite or larger area.

HOW SHOULD THE SCHOOL OFFICE PREPARE?

● The site administrator and EOC should discuss and review plans to “Lockdown” or to “Evacuate the Area” using an alternative evacuation staging area. ● Staff should be trained to know what type of Personal Protective Equipment (PPE) and clothing to wear when handling hazardous material. ● Staff utilizing or handling any hazardous material, should know the symptoms of exposure, emergency first aid and treatment for exposure. ● All hazardous materials should be stored in a safe manner.

HOW SHOULD THE SCHOOL RESPOND?

● If a hazardous spill or chemical release occurs within any area of the School office, immediately notify 911. Inform the dispatcher of your school/address and a brief summary of the problem including the name of the hazardous material/chemical, location of the spill and a report of any injuries, illnesses, fire, explosion, etc. ● Approach the incident from upwind. ● Stay clear of all spills (vapors, fumes, smoke, fire, possibility of explosion, other). ● Notify Site Administrator. ● Activate necessary portions of the ICS and appoint an IC. Expand ICS as needed and make necessary assignments appropriate to the incident. ● Begin documentation of events. ● The situation or advice from law enforcement, fire department or a hazardous materials unit deployed to the scene of the spill will determine whether to “Lockdown” or to “Evacuate” the building. If evacuation is ordered, instruct staff to always move crosswind and upwind. Never move downwind into a chemical. To check wind direction, look at movement of trees or flag. ● If in “Lockdown” and, if possible, shut off all air-conditioning and heating units. Close all windows and door openings and try to seal gaps under doorways and windows with wet cloth or towels. ● Close all shades or drapes. Instruct staff to stay away from windows. ● If gas or vapors have entered the building, take shallow breaths through a cloth or towel. ● Keep telephones lines clear for emergency calls. ● If an evacuation is ordered, follow all instructions.

pg. 29

● Upon reaching alternative evacuation area, take a head count and report missing or ill staff or students to Incident Commander and/or law enforcement.

pg. 30

12. MEDICAL EMERGENCY

Occasionally a medical emergency will occur, and personnel must be prepared to respond quickly, effectively, and efficiently.

SOME EMERGENCY PREVENTION/PREPAREDNESS GUIDELINES

● Insist that all accidents be reported, even if no visible harm or injury occurred. ● Follow established procedures for issuing medication.

WHAT TO DO IF A MEDICAL EMERGENCY OCCURS

● Assess seriousness of injury and/or illness by doing START (Simple Triage and Rapid Treatment, commonly called Thirty-Two-Can Do). If a staff member fails any of the three simple tests (Respirations, Perfusion, and Mental), their medical status is IMMEDIATE (RED). Administer first aid or CPR as needed. ● Call 911 and be prepared to provide:

✓ Your address, and room or floor number ✓ Describe illness or type of injury ✓ How the illness or type of injury occurred ✓ Age of ill or injured staff member or student ✓ Quickest way for ambulance to enter location on site ● Notify the Senior Director. ● Assign a staff member to meet and direct rescue services to location of injured party. ● Notify staff member’s family of situation, including location where staff or student has been transported. ● When appropriate, advise other staff of situation. ● Follow-up with staff member’s or student’s family.

pg. 31

13. GAS ODOR/LEAK

Natural gas has an additive that gives off a distinct odor allowing you to detect (smell) a leak. In most cases, handling a gas leak involves:

● Isolating the area and moving staff to safety. ● Eliminating potential ignition sources. ● Securing the leak.

The primary responsibility of the worksite staff is to determine how to safely house or evacuate staff, students and to protect property. The following agencies should be contacted:

● Fire Department (Call 911) ● Site Administrator. Have a phone number for a point of contact if a leak is detected after business hours. (see emergency contact list) ● Local Gas Company

GAS ODOR OR LEAK INSIDE A BUILDING

● Evacuate the building(s) and move to a safe assembly area as far away as possible from the targeted building. ● Assign Emergency Management Team members to direct individuals evacuating other buildings to stay away from the building with odor/leak. ● If necessary, activate the Incident Command System. ● Begin completing Staff Accountability Report. ● Report any missing students and staff to IC or EOC. ● Assign a liaison to interact with Fire Department, Gas Company or law enforcement.

IF GAS ODOR OR LEAK IS DETECTED OUTSIDE THE BUILDING

● It may not be necessary to evacuate the building. Evacuation is called for only if odor seeps into a building or is recommended by the Fire Department or other law enforcement.

pg. 32

14. EXTENDED POWER LOSS

In the event of extended power loss to a facility, certain precautionary measures should be taken depending on the geographical location and environment of the facility:

● Unnecessary electrical equipment and appliances should be turned off in the event that power restoration would surge causing damage to electronics and effecting sensitive equipment. ● Facilities with freezing temperatures should turn off and drain the following lines in the event of a long-term power loss. · Fire sprinkler system

· Standpipes

· Potable water lines

· Toilets

● Add propylene-glycol to drains to prevent traps from freezing ● Equipment that contain fluids that may freeze due to long term exposure to freezing temperatures should be moved to heated areas, drained of liquids, or provided with auxiliary heat sources. UPON RESTORATION OF HEAT AND POWER

● Electronic equipment should be brought up to ambient temperatures before energizing to prevent condensate from forming on circuitry. ● Fire and potable water piping should be checked for leaks from freeze damage after the heat has been restored to the facility and water turned back on.

pg. 33

15. BIOLOGICAL/CHEMICAL WEAPONS ASSAULT

Biological and chemical weapons are unconventional warfare tactics that can be deployed upon the public with little or no notice, or their release can be accidental or terrorism related. Such weapons typically involve microscopic materials that may be organic or synthetically manufactured in laboratories. Biological or chemical weapons can be in powder form, liquid, or vaporous.

Agents used in biological/chemical attacks include, but are not limited to: anthrax, smallpox, other harmful viruses, various forms of nerve gas, tear gas, and other vaporous irritants. Pranks using stink bombs should also be considered a chemical weapons attack.

There are several possible dispersion techniques to deliver biological and chemical agents. The following procedures should be utilized in the event of an assault involving biological or chemical weapons.

Any possible biological/chemical weapons assault should be reported immediately to the Senior Director. The Senior Director should notify law enforcement authorities immediately.

As necessary, alert all site employees of the situation.

If the agent is delivered via aircraft:

● All staff and students should be moved indoors. ● Keep students inside and take roll. ● Close and secure all doors and windows. ● Ensure that the HVAC is shut down. ● Cover vents with plastic or thick paper using tape to create a seal. ● Inspect all windows and doors for cracks, gaps, or holes. Cover any with plastic or thick paper using tape to create a seal. ● Remain in this area until notified to leave by the Senior Director, Senior Director’s designee or officers of emergency response agencies. ● Immediately report any injuries or illnesses to the Senior Director, Senior Director’s designee or officers of emergency response agencies.

If the agent is delivered via dispersion device that is outdoors:

pg. 34

● Inspect all windows and doors for cracks, gaps, or holes. Cover any with plastic or thick paper using tape, if available, to create a seal. ● Remain in this area until notified to leave by the Senior Director, Senior Director’s designee or officers of emergency response agencies. ● Immediately report any injuries or illnesses to the Senior Director, Senior Director’s designee or officers of emergency response agencies.

If the agent is delivered via dispersion device that is indoors:

● All staff and students should be evacuated to the school’s normal outdoor evacuation assembly area unless that area may be affected by the assault. Role should be taken. ● Remain in this area until notified to leave by the Senior Director, Senior Director’s designee or officers of emergency response agencies. ● The HVAC system should be shut down.

If the agent is delivered via the school’s HVAC system:

● All staff and students should be evacuated to the school’s normal outdoor evacuation assembly area unless that area may be affected by the assault. Role should be taken.

● Remain in this area until notified to leave by the Senior Director, Senior Director’s designee or officers of emergency response agencies.

● The HVAC system should be shut down.

In any situation involving biological or chemical weapons the Senior Director and staff must follow all instructions given by officers of emergency response agencies. Cabrillo Point Academy EOC will develop an action plan to handle telephone inquiries, rumor control, media relations, public information, employee/student crisis counseling, and facility damage assessment/control.

pg. 35

16. FLOOD PROCEDURES

If a flood warning is received by the school, notify Cabrillo Point Academy Senior Director immediately.

If a major flood warning is received at the Cabrillo Point Academy Office(s), Cabrillo Point Academy EOC should be activated.

Based upon the specific threat, Cabrillo Point Academy EOC in conjunction with the law enforcement or emergency crews will develop an action plan to protect personnel, students and facilities.

Evacuation of specific facilities or areas will be directed by the IC or Cabrillo Point Academy EOC.

pg. 36

17. LOCKDOWN/CIVIL UNREST PROCEDURES

Any threatening disturbance should be reported immediately to the Senior Director and/or Site Administrator.

If the disturbance is affecting normal school or facility operations, the Senior Director or Administrator should notify law enforcement authorities immediately.

As necessary, alert all site employees of the situation, Site staff must follow the instructions below:

If you are inside:

● Close and lock all doors and windows immediately upon notification of situation ● Keep all students inside and take roll ● If feasible, move all students to a center point and keep low to the ground. Stay away from all doors and windows. ● Never open the door or window to anyone unknown ● Keep students inside classroom, regardless of lunch or recess until you are told by the EOC, or EOC’s designee that the situation has been resolved.

If you are outside:

● Immediately have students and staff seek shelter if it is safe to do so. Drill with students and staff to go to the nearest room to them. ● If shelter is not available, ensure students lie flat on the ground immediately. ● Children in restrooms should be instructed to stay there until directed to exit by the Senior Director or Senior Director’s designee.

If situation is violent and may include the use of firearms, the IC should instruct all staff and students to lie face down on the floor and remain immobile.

All school staff must follow all instructions given by responding law enforcement.

If the event is major, the EOC, in conjunction with the IC, will develop an Action Plan to deal with the situation as well as the following:

• Telephone inquiries • Media relations and public information • Employee/Student crisis counseling • Facility damage assessment/control

pg. 37

18. SEVERE WINDSTORM PROCEDURES

If a severe wind warning is received at a School location, notify Cabrillo Point Academy Senior Director or Site Administrator immediately.

If a severe wind warning is received at Cabrillo Point Academy Office, Cabrillo Point Academy ICS should be activated.

Based upon the specific threat, Cabrillo Point Academy EOC in conjunction with the City EOC will develop an action plan to protect personnel, students and facilities.

In general, if severe winds are affecting a school or facility, employees and students should be moved to the interior core area of the building (inside wall on the ground floor) away from outside windows and doors.

Close all windows and blinds and avoid auditoriums and other building locations that have large roof areas or spans.

Avoid all areas that have large concentrations of electrical equipment or power cables.

Evacuation of specific facilities or areas will be directed by Cabrillo Point Academy in coordination with law enforcement or emergency services.

pg. 38 19. SUSPICIOUS MAIL/PACKAGES

All incoming mail and packages should be handled with caution.

Below are Indicators of suspicious mail and steps to take in the event that suspicious mail is received.

Mail that …

… is unexpected or from an unfamiliar source … has excessive postage … is addressed to someone who no longer works in Cabrillo Point Academy … is addressed to a current employee but with the wrong title … contains several misspelled words on the envelope … marked with restrictive endorsements such as “Personal” or “Confidential” … has no return address or an address that cannot be verified … mail that is from a foreign country … shows a city or state in the postmark that doesn’t match the return address … is lopsided, oddly shaped, or has an unusual weight, given its size … has protruding wires, strange odors or stains … has powdery substance on the outside … has an unusual amount of tape on it … is ticking or making unusual sounds

Not all mail comes perfectly packaged or with accurate information on it, so it is important that employees handling mail remain sensible in the screening of mail. However, prudent scrutiny conducted in a reasonable manner can greatly reduce the school’s chances of becoming the victim of attack by mail.

What to do with suspicious mail (general response):

● Do not try to open the package or envelope. ● Do not sniff, taste or shake the package. ● Isolate the package. ● Evacuate the immediate area; close the door. ● Contact your supervisor and call 911.

Response to mail suspected of delivering biological/chemical agents in powder form:

● Do not open an envelope or package with powder on the outside.

pg. 39

● If powder is spilled from an envelope or package, do not try to clean up the powder. ● Cover the spilled contents immediately with anything (clothing, paper, trash can). ● Do not remove this cover. ● Leave the room and close the door or otherwise prevent access to the room. ● Wash your hands with soap and hot water. ● Ensure that everyone who had contact with the piece of mail washes his/her hands with soap and hot water. ● Notify the EOC or your supervisor. ● Supervisor should immediately contact the local police (911) or the U.S. Postal Inspection Service (626-405-1200). ● Supervisor should notify Cabrillo Point Academy’s Office. ● Remove heavily contaminated clothing as soon as possible and place inside a plastic bag or some other container that can be sealed. This clothing should be given to the responding emergency response units. ● Shower with soap and water as soon as possible. Do not use bleach or other disinfectant on your skin. ● Make a list of all the people who were in the room or area, especially those who had contact with the envelope or package. Provide this list to the emergency response teams investigating the incident. ● Investigators will remove the envelope or package and conduct a thorough check of the area for contamination. ● If you are prescribed medicine as a result of this exposure, take it until instructed or until it runs out.

pg. 40

20. GUIDELINES FOR SPEAKING TO THE MEDIA

Only the Chairperson of the Board of Directors or Senior Director are permitted to speak to the media. When speaking to the media about emergencies, it is extremely important to adhere to the following guidelines:

▪ READ all press statements ▪ Re-state the nature of the incident; its cause and time of origin ▪ Describe the size and scope of the incident ▪ Report on the current situation ▪ Speak about the resources being utilized in response activities ▪ Reassure the public that everything possible is being done ▪ DO NOT release any names ▪ When answering questions be truthful; but consider the emotional impact the information could have upon listeners ▪ Avoid speculation; do not talk “off the record” ▪ Do not use the phrase “no comment” ▪ Set up press times for updates ▪ Control media location

pg. 41

21. USE OF SCHOOL BUILDINGS BY PUBLIC AGENCIES

Schools are required by both federal statute and state regulation to be available for shelters following a disaster. The Senior Director or designee shall establish communication with the American Red Cross and local public agencies to use the School’s facility during a disaster or other emergency affecting the public health and welfare. The School shall cooperate with the public agency in furnishing and maintaining the services as the School may deem necessary to meet the needs of the community.

pg. 42

IV. DISCIPLINE POLICIES PURSUANT TO EDUCATION CODE SECTION 48915(d)

Please see the School’s Suspension and Expulsion Policies attached hereto as Appendix A. V. PROCEDURES TO NOTIFY TEACHERS OF DANGEROUS PUPILS

The Senior Director or designee shall also inform the teacher of every student who has engaged in, or is reasonably suspected to have engaged in, any act that could constitute grounds for suspension or expulsion, with the exception of the possession or use of tobacco products. This information shall be based upon written School records or records received from a law enforcement agency.

When informed pursuant to Welfare and Institutions Code 828.1 that a student has committed crimes unrelated to school attendance which do not therefore constitute grounds for suspension or expulsion, the Senior Director or designee may so inform any teacher, counselor or administrator whom he/she believes needs this information in order to work with the student appropriately, to avoid being needlessly vulnerable, or protect others from needless vulnerability.

The Senior Director or designee shall maintain the above information in a separate confidential file for each student. When such a student is assigned to a class/program, the Senior Director or designee shall notify the teacher in writing and ask the teacher to initial this notice, return it to the Senior Director or designee, and review the student’s file in the school office. This notification shall not name or otherwise identify the student.

The Senior Director or designee shall also notify all certificated personnel who are likely to come into contact with the student, including the student’s teachers, special education teachers, coaches and counselors.

VI. DISCRIMINATON AND HARASSMENT POLICY

Please see the Schools Discrimination and Harassment Policy attached hereto as Appendix B.

VII. SCHOOL DRESS CODE

Being a nonclassroom based school, Cabrillo Point Academy does not have a school dress code.

VIII. PROCEDURES FOR SAFE INGRESS AND EGRESS OF PUPILS, PARENTS, AND SCHOOL EMPLOYEES TO AND FROM SCHOOL

Cabrillo Point Academy takes pride in providing a safe environment for all students, parents, and school employees. Our School will take measures to ensure safe ingress and egress to and from school activities and functions for pupils, parents, and school employees. Safe ingress and egress will be maintained by periodic reviews of the procedures for ingress and egress. The school will ensure that all passageways to and from our buildings, corridors within buildings and emergency exits remain clear of all obstruction to allow flow of pedestrian and vehicular traffic. The school will also ensure

pg. 43

that potential obstructions and hazards are removed from such areas. To achieve this goal, the school works closely with local law enforcement agencies and the local city government to ensure that the school’s immediate community is safe.

Any problems associated with safe ingress and egress will be addressed immediately.

There is 1 entrance and 2 exits at 13915 Danielson Street, Poway, CA.

Front of the location is open from 7:00 am to 7:00 pm.

There are 3 entrances and 3 exits at 3152 Red Hill Ave., #150, Costa Mesa, CA.

Front of the location is open from 7:00 am to 7:00 pm.

All adults are to enter from the front of the location. All visitors to the location must wear a badge to identify themselves as visitors.

Whenever a safety issue is pending, all doors are locked immediately. For emergency situations, staff have door keys to lock or unlock doors closest to them.

IX. RULES AND PROCEDURES ON SCHOOL DISCIPLINE PURSUANT TO EDUCATION CODE SECTION 47605

Please see the School’s Suspension and Expulsion Policies attached hereto as Appendix A.

X. PROCEDURES FOR CONDUCTING TACTICAL RESPONSES TO CRIMINAL INCIDENTS (INCLUDING PROCEDURES RELATED TO INDIVIDUALS WITH GUNS ON SCHOOL CAMPUSES AND SCHOOL-RELATED FUNCTIONS).

This section should be based on the specific needs and context of each school and community and developed with the help of local law enforcement.

pg. 44

LIST OF APPENDICES A. Suspension and Expulsion Policy B. Harassment, Discrimination, Intimidation and Bullying Prevention Policy Suspension and Expulsion Policy

Cabrillo Point Academy is committed to promoting learning and protecting the safety and well-being of all students at the Charter School. In creating this policy, the Charter School has reviewed Education Code Section 48900 et seq. which describes the non-charter schools’ list of offenses and procedures to establish its list of offenses and procedures for suspensions and expulsions. The language that follows closely mirrors the language of Education Code Section 48900 et seq. The Charter School is committed to annual review of policies and procedures surrounding suspensions and expulsions and, as necessary, modification of the lists of offenses for which students are subject to suspension or expulsion.

The purpose of Cabrillo Point Academy Governing Board approving this Suspension and Expulsion Policy is to accomplish the following:

1. Establish the Responsibility of the Charter School 2. Identify the Grounds for Suspension and Expulsion of Students 3. Identify Enumerated Offenses 4. Outline Suspension Procedures 5. Outline the Authority to Expel 6. Outline Expulsion Procedures 7. Outline Special Procedures for Expulsion Hearings Involving Sexual Assault or Battery Offenses 8. Identify the Record of Hearing 9. Identify the Presentation of Evidence 10. Outline the Written Notice to Expel 11. Outline the Maintenance of Disciplinary Records 12. Outline Expelled Students/Alternative Education 13. Outline Rehabilitation Plans 14. Outline the Readmission Process

1. Responsibility of the Charter School: When the policy is violated, it may be necessary to suspend or expel a student from the Charter School. This policy shall serve as the Charter School’s policy and procedures for student suspension and expulsion and it may be amended from time to time without the need to amend the charter so long as the amendments comport with legal requirements. Charter School staff shall enforce disciplinary rules and procedures fairly and consistently among all students. This Policy and its Procedures will be printed and distributed as part of the Parent-Student Handbook and will clearly describe discipline expectations. Corporal punishment shall not be used as a disciplinary measure against any student. Corporal punishment includes the willful infliction of or willfully causing the infliction of physical pain on a student. For purposes of the Policy, corporal punishment does not include an employee’s use of force that is reasonable and necessary to protect the employee, students, staff, or other persons or to prevent damage to school property. A student has the right to be free from the use of seclusion and behavioral restraints of any form imposed as a means of coercion, discipline, convenience, or retaliation by staff. This right includes, but is not limited to, the right to be free from the use of a drug administered to the student in order to control the student’s behavior or to restrict the student’s freedom of movement, if that drug is not a standard treatment for the student’s medical or psychiatric condition. School staff may use seclusion or a behavior restraint only to control behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less restrictive. School staff shall avoid, whenever possible, the use of seclusion or behavioral restraint techniques.

School staff shall not do any of the following:

 Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation.  Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.  Use a physical restraint technique that obstructs a pupil's respiratory airway or impairs the pupil's breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupil's back or places his or her body weight against the pupil's torso or back.  Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupil's face.  Place a pupil in a facedown position with the pupil's hands held or restrained behind the pupil's back.  Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others.

The Charter School administration shall ensure that students and their parents/guardians are notified in writing upon enrollment of all discipline policies and procedures.

Suspended or expelled students shall be excluded from all school and school-related activities unless otherwise agreed during the period of suspension or expulsion.

A student identified as an individual with disabilities or for whom the Charter School has a basis of knowledge of a suspected disability pursuant to the Individuals with Disabilities Education Improvement Act of 2004 (“IDEIA”) or who is qualified for services under Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is subject to the same grounds for suspension and expulsion and is accorded the same due process procedures applicable to general education students except when federal and state law mandates additional or different procedures. The Charter School will follow all applicable federal and state laws including but not limited to the California Education Code, when imposing any form of discipline on a student identified as an individual with disabilities or for whom the Charter School has a basis of knowledge of a suspected disability or who is otherwise qualified for such services or protections in according due process to such students. Additional detail follows below.

2. Grounds for Suspension and Expulsion of Students: A student may be suspended or expelled for prohibited misconduct if the act is related to school activity or school attendance occurring at any time including but not limited to: a) while on school grounds; b) while going to or coming from school; c) during the lunch period, whether on or off the school campus; d) during, going to, or coming from a school-sponsored activity.

3. Enumerated Offenses:  Discretionary Suspension Offenses. Students may be suspended for any of the following acts when it is determined the student: o Caused, attempted to cause, or threatened to cause physical injury to another person.

o Willfully used force of violence upon the person of another, except self-defense.

o Unlawfully possessed, used, sold or otherwise furnished, or was under the influence of any controlled substance, as defined in Health and Safety Code 11053-11058, alcoholic beverage, or intoxicant of any kind.

o Committed or attempted to commit robbery or extortion.

o Caused or attempted to cause damage to school property or private property.

o Stole or attempted to steal school property or private property (as used in this policy, “school property” includes, but is not limited to, electronic files and databases).

o Possessed or used tobacco or products containing tobacco or nicotine products, including but not limited, to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. This section does not prohibit the use of his or her own prescription products by a student.

o Committed an obscene act or engaged in habitual profanity or vulgarity.

o Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code Section 11014.5.

o Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, other school officials, or other school personnel engaged in the performance of their duties.

o Commencing July 1, 2020, a pupil enrolled in kindergarten or any of grades 1 to 8, inclusive, shall not be suspended for any of the acts specified above relating to disrupting school activities and willful defiance, and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.

o Knowingly received stolen school property or private property.

o Possessed an imitation firearm, i.e.: a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. o Committed or attempted to commit a sexual assault as defined in Penal Code Sections 261, 266c, 286, 288, 289, or former 288a, or committed a sexual battery as defined in Penal Code Section 243.4. o Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness. o Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. o Engaged in, or attempted to engage in hazing. For the purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a student organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective student. For purposes of this section, “hazing” does not include athletic events or school- sanctioned events. o Made terrorist threats against school officials and/or school property. For purposes of this section, “terroristic threat” shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school property, or the personal property of the person threatened or his or her immediate family. o Committed sexual harassment, as defined in Education Code Section 212.5. For the purposes of this section, the conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment. This section shall apply to students in any of grades 4 to 12, inclusive. o Caused, attempted to cause, threaten to cause or participated in an act of hate violence, as defined in subdivision (e) of Section 233 of the Education Code. This section shall apply to students in any of grades 4 to 12, inclusive. o Intentionally harassed, threatened or intimidated a student or group of students to the extent of having the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder and invading student rights by creating an intimidating or hostile educational environment. This section shall apply to students in any of grades 4 to 12, inclusive. o Discriminated against, harassed, intimidated, and/or bullied any person or groups of persons based on the following actual or perceived characteristics: disability, gender, nationality, race or ethnicity, religion, sexual orientation, gender identity, gender expression or association with one or more of these actual or perceived characteristics. This policy applies to all acts related to school activity or school attendance occurring within the school. o Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act.

1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a student or group of students which would be deemed hate violence or harassment, threats, or intimidation, which are directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following:

i. Placing a reasonable student (defined as a student, including, but is not limited to, a student with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of the student’s age, or for a person of that student’s age with exceptional needs) or students in fear of harm to that student’s or those students’ person or property. ii. Causing a reasonable student to experience a substantially detrimental effect on that student’s physical or mental health. iii. Causing a reasonable student to experience substantial interference with that student’s academic performance. iv. Causing a reasonable student to experience substantial interference with that student’s ability to participate in or benefit from the services, activities, or privileges provided by the Charter School.

iv. An act of cyber sexual bullying. (48900(r)(2)(A)(iii). (a) For purposes of this section, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described above. A photograph or other visual recording shall include the depiction of a nude, semi-nude or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording or other electronic act. (b) Cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political or scientific value or that involves athletic events or school-sanctioned activities.

o A student who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, except that a student who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (1).

o Possessed, sold, or otherwise furnished any knife unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, with the Senior Director or designee’s concurrence.

 Non-Discretionary Suspension Offenses: Students must be suspended and recommended for expulsion for any of the following acts when it is determined the student:

o Possessed, sold, or otherwise furnished any firearm, explosive, or other dangerous object unless, in the case of possession of any object of this type, the students had obtained written permission to possess the item from a certificated school employee, with the Senior Director or designee’s concurrence.

 Discretionary Expellable Offenses: Students may be recommended for expulsion for any of the following acts when it is determined the student:

o Caused, attempted to cause, or threatened to cause physical injury to another person.

o Willfully used force of violence upon the person of another, except self-defense.

o Unlawfully possessed, used, sold or otherwise furnished, or was under the influence of any controlled substance, as defined in Health and Safety Code Sections 11053-11058, alcoholic beverage, or intoxicant of any kind.

o Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code Sections 11053-11058, alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid substance or material and represented same as controlled substance, alcoholic beverage or intoxicant. o Committed or attempted to commit robbery or extortion. o Caused or attempted to cause damage to school property or private property. o Stole or attempted to steal school property or private property. o Possessed or used tobacco or products containing tobacco or nicotine products, including but not limited to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. This section does not prohibit the use of his or her own prescription products by a student. o Committed an obscene act or engaged in habitual profanity or vulgarity. o Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code Section 11014.5. o Knowingly received stolen school property or private property. o Possessed an imitation firearm, i.e.: a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. o Committed or attempted to commit a sexual assault as defined in Penal Code Sections 261, 266c, 286, 288, 289, or former 288a, or committed a sexual battery as defined in Penal Code Section 243.4. o Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness. o Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. o Engaged in, or attempted to engage in hazing. For the purposes of this subdivision, “hazing” means a method of initiation or pre-initiation into a student organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective student. For purposes of this section, “hazing” does not include athletic events or school- sanctioned events. o Made terrorist threats against school officials and/or school property. For purposes of this section, “terroristic threat” shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school property, or the personal property of the person threatened or his or her immediate family. o Committed sexual harassment, as defined in Education Code Section 212.5. For the purposes of this section, the conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment. This section shall apply to students in any of grades 4 to 12, inclusive. o Caused, attempted to cause, threaten to cause or participated in an act of hate violence, as defined in subdivision (e) of Section 233 of the Education Code. This section shall apply to students in any of grades 4 to 12, inclusive. o Intentionally harassed, threatened or intimidated a student or group of students to the extent of having the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder and invading student rights by creating an intimidating or hostile educational environment. This section shall apply to students in any of grades 4 to 12, inclusive. o Discriminated against, harassed, intimidated, and/or bullied any person or groups of persons based on the following actual or perceived characteristics: disability, gender, nationality, race or ethnicity, religion, sexual orientation, gender identity, gender expression or association with one or more of these actual or perceived characteristics. This policy applies to all acts related to school activity or school attendance occurring within the school. o Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act.

1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including acts one or more acts committed by a student or group of students which would be deemed hate violence or harassment, threats, or intimidation, which are directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following:

i. Placing a reasonable student (defined as a student, including, but is not limited to, a student with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that student’s age, or for a person of that student’s age with exceptional needs) or students in fear of harm to that student’s or those students’ person or property. ii. Causing a reasonable student to experience a substantially detrimental effect on that student’s physical or mental health. iii. Causing a reasonable student to experience substantial interference with that student’s academic performance. iv. Causing a reasonable student to experience substantial interference with that student’s ability to participate in or benefit from the services, activities, or privileges provided by the Charter School.

2) “Electronic Act” means the transmission by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: i. A message, text, sound, or image. ii. A post on a social network Internet Web site including, but not limited to: (c) Posting to or creating a burn page. A “burn page” means an Internet Web site created for the purpose of having one or more of the effects as listed in subparagraph (1) above. (d) Creating a credible impersonation of another actual student for the purpose of having one or more of the effects listed in subparagraph (1) above. “Credible impersonation” means to knowingly and without consent impersonate a student for the purpose of bullying the student and such that another student would reasonably believe, or has reasonably believed, that the student was or is the student who was impersonated. (e) Creating a false profile for the purpose of having one or more of the effects listed in subparagraph (1) above. “False profile” means a profile of a fictitious student or a profile using the likeness or attributes of an actual student other than the student who created the false profile. iii. Notwithstanding subparagraphs (1) and (2) above, an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet. iv. An act of cyber sexual bullying. (48900(r)(2)(A)(iii). (a) For purposes of this section, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described above. A photograph or other visual recording shall include the depiction of a nude, semi-nude or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording or other electronic act. (b) Cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political or scientific value or that involves athletic events or school-sanctioned activities. o A student who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, except that a student who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (1). o Possessed, sold, or otherwise furnished any knife unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, with the Senior Director or designee’s concurrence.

 Non-Discretionary Expellable Offenses: Students must be recommended for expulsion for any of the following acts when it is determined pursuant to the procedures below that the student:

If it is determined by the Board of Directors that a student has brought a fire arm or destructive device, as defined in Section 921 of Title 18 of the United States Code, on to campus or to have possessed a firearm or dangerous device on campus, the student shall be expelled for one year, pursuant to the Federal Gun Free Schools Act of 1994.

The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

The term “destructive device” means (A) any explosive, incendiary, or poison gas, including but not limited to: (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses.

4. Suspension Procedure: Suspensions shall be initiated according to the following procedures:  Conference: Suspension shall be preceded, if possible, by a conference conducted by the Senior Director or the Senior Director’s designee with the student and his or her parent and, whenever practical, the teacher, supervisor or Charter School employee who referred the student to the Senior Director or designee. The conference may be omitted if the Senior Director or designee determines that an emergency situation exists. An “emergency situation” involves a clear and present danger to the lives, safety or health of students or Charter School personnel. If a student is suspended without this conference, both the parent/guardian and student shall be notified of the student’s right to return to school for the purpose of a conference. At the conference, the student shall be informed of the reason for the disciplinary action, the evidence against that student, the other means of correction that were attempted before the disciplinary action, and shall be given the opportunity to present that student’s version and evidence in his or her defense. This conference shall be held within two school days, unless the student waives this right or is physically unable to attend for any reason including, but not limited to, incarceration or hospitalization. No penalties may be imposed on a student for failure of the student’s parent or guardian to attend a conference with Charter School officials. Reinstatement of the suspended student shall not be contingent upon attendance by the student’s parent or guardian at the conference.  Notice to Parents/Guardians: At the time of the suspension, an administrator or designee shall make a reasonable effort to contact the parent/guardian by telephone or in person. Whenever a student is suspended, the parent/guardian shall be notified in writing of the suspension and the date of return following suspension. This notice shall state the specific offense committed by the student. In addition, the notice may also state the date and time when the student may return to school. If Charter School officials wish to ask the parent/guardian to confer regarding matters pertinent to the suspension, the notice may request that the parent/guardian respond to such requests without delay.

 Suspension Time Limits/Recommendation for Expulsion: Suspensions, when not including a recommendation for expulsion, shall not exceed five (5) consecutive school days per suspension. Upon a recommendation of Expulsion by the Senior Director or Senior Director’s designee, the student and the student’s guardian or representative will be invited to a conference to determine if the suspension for the student should be extended pending an expulsion hearing. This determination will be made by the Senior Director or designee upon either of the following: 1) the student’s presence will be disruptive to the education process; or 2) the student poses a threat or danger to others. Upon either determination, the student’s suspension will be extended pending the results of an expulsion hearing. If such extended suspension exceeds 10 days, the following procedures shall be followed: 1) The Senior Director shall provide timely, written notice of the charges against the student and an explanation of the student’s basic rights; 2) The School will provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the student has a fair opportunity to present testimony, evidence and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel. At this hearing, it will be determined whether the presence of the student at the School would cause a danger to persons or property or a threat of disrupting the instructional process pending the results of an expulsion hearing.

 Upon the request of a parent/guardian/educational rights holder/student, a teacher shall provide to a student in any of grades 1 to 12 who has been suspended from the School for two or more schooldays, the homework that the pupil would otherwise have been assigned. If a homework assignment that is requested and turned into the teacher by the student either upon the student’s return to school from suspension or within the timeframe originally prescribed by the teacher, whichever is later, is not graded before the end of the academic term, that assignment shall not be included in the calculation for the student’s overall grade in the class.

5. Authority to Expel: A student may be expelled either by the Charter School Board following a hearing before it or by the Charter School Board upon the recommendation of an Administrative Panel to be assigned by the Board as needed. The Administrative Panel should consist of at least three members who are certificated and neither a teacher of the student or a Board member of the Charter School’s governing board. The Administrative Panel may recommend expulsion of any student found to have committed an expellable offense.

6. Expulsion Procedures: Students recommended for expulsion are entitled to a hearing to determine whether the student should be expelled. Unless postponed for good cause, the hearing shall be held within thirty (30) school days after the Senior Director or designee determines that the Student has committed an expellable offense.

In the event an Administrative Panel hears the case, it will make a recommendation to the Board for a final decision whether to expel. The hearing shall be held in closed session (complying with all student confidentiality rules under FERPA) unless the Student makes a written request for a public hearing three (3) days prior to the hearing.

Written notice of the hearing shall be forwarded to the student and the student’s parent/guardian at least ten (10) calendar days before the date of the hearing. Upon mailing the notice, it shall be deemed served upon the student. The notice shall include: 1. The date and place of the expulsion hearing; 2. A statement of the specific facts, charges and offenses upon which the proposed expulsion is based; 3. A copy of the Charter School’s disciplinary rules which relate to the alleged violation; 4. Notification of the student’s or parent/guardian’s obligation to provide information about the student’s status at the Charter School to any other school district or school to which the student seeks enrollment; 5. The opportunity for the student or the student’s parent/guardian to appear in person or to employ and be represented by counsel or a non-attorney advisor; 6. The right to inspect and obtain copies of all documents to be used at the hearing; 7. The opportunity to present testimony, evidence and witnesses and confront and question all witnesses who testify at the hearing; 8. The opportunity to question all evidence presented and to present oral and documentary evidence on the student’s behalf including witnesses.

7. Special Procedures for Expulsion Hearings Involving Sexual Assault or Battery Offenses: The Charter School may, upon a finding of good cause, determine that the disclosure of either the identity of the witness or the testimony of that witness at the hearing, or both, would subject the witness to an unreasonable risk of psychological or physical harm. Upon this determination, the testimony of the witness may be presented at the hearing in the form of sworn declarations that shall be examined only by the Charter School or the hearing officer. Copies of these sworn declarations, edited to delete the name and identity of the witness, shall be made available to the student.

 The complaining witness in any sexual assault or battery case must be provided with a copy of the applicable disciplinary rules and advised of his/her right to (a) receive five days’ notice of his/her scheduled testimony, (b) have up to two (2) adult support persons of his/her choosing present in the hearing at the time he/she testifies, which may include a parent, guardian, or legal counsel, and (c) elect to have the hearing closed while testifying.

 The Charter School must also provide the victim a room separate from the hearing room for the complaining witness’ use prior to and during breaks in testimony.

 At the discretion of the entity conducting the expulsion hearing, the complaining witness shall be allowed periods of relief from examination and cross-examination during which he or she may leave the hearing room.

 The entity conducting the expulsion hearing may also arrange the seating within the hearing room to facilitate a less intimidating environment for the complaining witness.

 The entity conducting the expulsion hearing may also limit time for taking the testimony of the complaining witness to the hours he/she is normally in school, if there is no good cause to take the testimony during other hours.  Prior to a complaining witness testifying, the support persons must be admonished that the hearing is confidential. Nothing in the law precludes the person presiding over the hearing from removing a support person whom the presiding person finds is disrupting the hearing. The entity conducting the hearing may permit any one of the support persons for the complaining witness to accompany him or her to the witness stand.

 If one or both of the support persons is also a witness, the Charter School must present evidence that the witness’ presence is both desired by the witness and will be helpful to the Charter School. The person presiding over the hearing shall permit the witness to stay unless it is established that there is a substantial risk that the testimony of the complaining witness would be influenced by the support person, in which case the presiding official shall admonish the support person or persons not to prompt, sway, or influence the witness in any way. Nothing shall preclude the presiding officer from exercising his or her discretion to remove a person from the hearing whom he or she believes is prompting, swaying, or influencing the witness.

 The testimony of the support person shall be presented before the testimony of the complaining witness and the complaining witness shall be excluded from the courtroom during that testimony.

 Especially for charges involving sexual assault or battery, if the hearing is to be conducted in public at the request of the student being expelled, the complaining witness shall have the right to have his/her testimony heard in a closed session when testifying at a public meeting would threaten serious psychological harm to the complaining witness and there are no alternative procedures to avoid the threatened harm. The alternative procedures may include videotaped depositions or contemporaneous examination in another place communicated to the hearing room by means of closed-circuit television.

 Evidence of specific instances of a complaining witness’ prior sexual conduct is presumed inadmissible and shall not be heard absent a determination by the person conducting the hearing that extraordinary circumstances exist requiring the evidence be heard. Before such a determination regarding extraordinary circumstance can be made, the witness shall be provided notice and an opportunity to present opposition to the introduction of the evidence. In the hearing on the admissibility of the evidence, the complaining witness shall be entitled to be represented by a parent, legal counsel, or other support person. Reputation or opinion evidence regarding the sexual behavior of the complaining witness is not admissible for any purpose.

8. Record of Hearing: A record of the hearing shall be made and may be maintained by any means, including electronic recording, as long as a reasonably accurate and complete written transcription of the proceedings can be made.

9. Presentation of Evidence: While technical rules of evidence do not apply to expulsion hearings, evidence may be admitted and used as proof only if it is the kind of evidence on which reasonable persons can rely in the conduct of serious affairs. A recommendation by the Administrative Panel to expel must be supported by substantial evidence that the student committed an expellable offense. Findings of fact shall be based solely on the evidence at the hearing. While hearsay evidence is admissible, no decision to expel shall be based solely on hearsay. Sworn declarations may be admitted as testimony from witnesses of whom the Board or Administrative Panel determines that disclosure of their identity or testimony at the hearing may subject them to an unreasonable risk of physical or psychological harm.

If, due to a written request by the expelled student, the hearing is held at a public meeting, and the charge is committing or attempting to commit a sexual assault or committing a sexual battery as defined in Education Code Section 48900, a complaining witness shall have the right to have his or her testimony heard in a session closed to the public.

The decision of the Administrative Panel shall be in the form of written findings of fact and a written recommendation to the Board who will make a final determination regarding the expulsion. The final decision by the Board shall be made within ten (10) school days following the conclusion of the hearing.

If the Administrative Panel decides not to recommend expulsion, the student shall immediately be returned to his/her educational program.

10. Written Notice to Expel: The Senior Director or designee, following a decision of the Board to expel, shall send written notice of the decision to expel, including the Board’s adopted findings of fact, to the student or parent/guardian. This notice shall also include the following: (a) Notice of the specific offense committed by the student; and (b) Notice of the student’s or parent/guardian’s obligation to inform any new district in which the student seeks to enroll of the student’s status with the Charter School. The Senior Director or designee shall send a copy of the written notice of the decision to expel to the authorizer. This notice shall include the following: (a) The student’s name; and (b) The specific expellable offense committed by the student.

11. Disciplinary Records: The Charter School shall maintain records of all student suspensions and expulsions at the Charter School. Such records shall be made available to the authorizer upon request.

12. Expelled Students/Alternative Education: Students who are expelled shall be responsible for seeking alternative education programs including, but not limited to, programs within the County or their school district of residence. The Charter School shall work cooperatively with parents/guardians as requested by parents/guardians or by the school district of residence to assist with locating alternative placements during expulsion.

13. Rehabilitation Plans: Students who are expelled from the Charter School shall be given a rehabilitation plan upon expulsion as developed by the Board at the time of the expulsion order, which may include, but is not limited to, periodic review as well as assessment at the time of review for readmission. The rehabilitation plan should include a date not later than one year from the date of expulsion when the student may reapply to the Charter School for readmission.

14. Readmission: The decision to readmit a student or to admit a previously expelled student from another school district or charter school shall be in the sole discretion of the Board following a meeting with the Senior Director or designee and the student and guardian or representative to determine whether the student has successfully completed the rehabilitation plan and to determine whether the student poses a threat to others or will be disruptive to the school environment. The Senior Director or designee shall make a recommendation to the Board following the meeting regarding his or her determination. The student’s readmission is also contingent upon the Charter School’s capacity at the time the student seeks readmission. Harassment, Discrimination, Intimidation and Bullying Prevention Policy Complaint with the Safe Place to Learn Act

It is the policy of Cabrillo Point Academy to create and maintain a learning environment where students and employees are treated with dignity, decency and respect. It is also the policy of Cabrillo Point Academy to maintain an environment that encourages and fosters appropriate conduct among all persons and respect for individual values. Accordingly, the School is committed to enforcing this Harassment, Discrimination, Intimidation and Bullying Prevention Policy at all levels in order to create an environment free from all forms of discrimination, harassment, intimidation and bullying. Discrimination, harassment, intimidation or bullying based on the following characteristics, whether actual or perceived: race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), immigration status, citizenship status, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy or childbirth), gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or association with a person or group with one or more of the aforementioned characteristics or any other legally protected category is unlawful and undermines the character and purpose of the School. Such discrimination, harassment, intimidation or bullying violates School policy and will not be tolerated. This policy applies to anyone on campus at the School or those attending School sponsored activities.

Any form of retaliation against anyone who has complained or formally reported discrimination, harassment, intimidation or bullying or against anyone who has participated in an investigation of such a complaint, regardless of whether the complaint relates to the complaining person or someone else, will not be tolerated and violates this policy and the law.

If the School possesses information that could indicate immigration status, citizenship status or national origin information, the School shall not use the acquired information to discriminate against any students or families or bar children from enrolling in or attending school. If parents or guardians choose not to provide information that could indicate their or their children’s immigration status, citizenship status or national origin information, the School shall not use such actions as a basis to discriminate against any students or families or bar children from enrolling or attending school.

© Charter Schools Development Center, 2020 Page 1 of 6 Materials in this publication were adapted under license and with permission from the Charter Schools Development Center and remain copyright © 2020 Charter Schools Development Center, all rights reserved. No part of this publication may be reproduced, stored in a retrieval system, resold, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise except as permitted under Section 107 or 108 of the 1976 United States Copyright Act or without the prior written permission of the Charter Schools Development Center. Each year, the School shall educate students about the negative impact of bullying other students based on their actual or perceived immigration status or their religious beliefs or customs. The School shall also train teachers, staff and personnel to ensure that they are aware of their legal duty to take reasonable steps to eliminate a hostile environment and respond to any incidents of harassment based on the actual or perceived characteristics noted above. Such training shall provide School personnel with the skills to do the following:

• Discuss the varying immigration experiences among members of the student body and school community; • Discuss bullying-prevention strategies with students, and teach students to recognize the behavior and characteristics of bullying perpetrators and victims; • Identify the signs of bullying or harassing behavior; • Take immediate corrective action when bullying is observed; and • Report incidents to the appropriate authorities, including law enforcement in instances of criminal behavior.

Definitions

Discrimination: Discrimination is adverse treatment of any person based on the protected class or category of persons to whom he/she belongs and such treatment limits students from participating or benefiting from school activities or services.

Harassment: Harassment is unwelcome verbal or physical conduct prohibited by law directed toward, or differential treatment of, a student because of his/her membership (or perceived membership) in any protected group or on any other prohibited basis. The harasser can be a student, a School official or employee, or someone who is not an employee of the School, such as a vendor or parent.

Examples of such conduct include, but are not limited to: • Offensive or degrading remarks, verbal abuse, or other hostile behavior such as insulting, teasing, mocking, name calling, degrading or ridiculing another person or group • Racial slurs, derogatory remarks about a person’s accent, or display of racially offensive symbols • Unwelcome or inappropriate physical contact, comments, questions, advances, jokes epithets or demands • Physical assault or stalking • Displays or electronic transmission of derogatory, demeaning or hostile materials • Graphic and written statements, which may include use of cell phones or the Internet

Harassment does not have to include intent to harm, be directed at a specific target or involve repeated incidents. Harassment creates a hostile environment when the conduct is sufficiently severe, pervasive or persistent so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities or opportunities offered by the School.

© Charter Schools Development Center, 2020 Page 2 of 6 Materials in this publication were adapted under license and with permission from the Charter Schools Development Center and remain copyright © 2020 Charter Schools Development Center, all rights reserved. No part of this publication may be reproduced, stored in a retrieval system, resold, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise except as permitted under Section 107 or 108 of the 1976 United States Copyright Act or without the prior written permission of the Charter Schools Development Center. Sexual Harassment: Sexual harassment is a form of harassment based on sex, including sexual harassment, gender harassment and harassment based on pregnancy, childbirth or related medical conditions. It generally involves unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. The following is a partial list of violations: • Unwanted sexual advances • Offering educational benefits in exchange for sexual favors • Making or threatening reprisals after a negative response to sexual advances • Visual conduct: leering, making sexual gestures, displaying of suggestive objects or pictures, cartoons or posters • Verbal conduct: making or using derogatory comments, epithets, slurs and jokes • Verbal sexual advances or propositions • Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations • Physical conduct: touching, assault, impeding or blocking movements

Intimidation: Intimidation includes adverse actions intended to fill another with fear, to overawe or cow, as through force of personality or by superior display of wealth, talent, etc., or to force another into or deter from some action by inducing fear.

Bullying: Bullying may take place in a variety of hostile acts that are carried out repeatedly over time. The acts involve a real or perceived imbalance of power, with the more powerful child or group attacking those who are less powerful. It may be physical (hitting, kicking, spitting, pushing), verbal (taunting, malicious teasing, name calling, threatening), or psychological (spreading rumors, manipulating social relationships, or promoting social exclusion, extortion or intimidation). Bullying is any severe or pervasive action or conduct directed toward one or more students that have the effect of one or more of the following: 1) places a reasonable student in fear of harm to that student’s person or property; 2) causes a reasonable student to experience a substantially detrimental effect on his or her physical or mental health; 3) causes a reasonable student to experience substantial interference with is or her academic performance; 4) causes a reasonable student to experience interference with his or her ability to participate in or benefit from the services, activities or privileges provided by the School.

Other types of bullying: • Sexual bullying includes many of the actions typical of bullying behavior with the added actions of exhibitionism, voyeurism, sexual propositioning, sexual harassment and sexual abuse (touching, physical contact, sexual assault). • Bias or hate-motivated bullying is a basic bias against or hate for a person or group. Examples include taunting one’s race, religion, national origin, sexual orientation, or physical or mental disabilities. The bullying behavior may also be aggressive, antagonistic, and assaultive. • Hazing is a form of aggressive behavior that usually involves intimidation and humiliation during an initiation for a student organization or body, club, group or sports team. It may involve conduct that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current or prospective pupil. Hazing does not include athletic events or school-sanctioned events.

© Charter Schools Development Center, 2020 Page 3 of 6 Materials in this publication were adapted under license and with permission from the Charter Schools Development Center and remain copyright © 2020 Charter Schools Development Center, all rights reserved. No part of this publication may be reproduced, stored in a retrieval system, resold, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise except as permitted under Section 107 or 108 of the 1976 United States Copyright Act or without the prior written permission of the Charter Schools Development Center. • Cyberbullying involves bullying conduct that is created or transmitted by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer or pager communicating any of the following: 1) a message, text, sound or image; 2) a post on a social network Internet Web site, including a “Burn Page,” an impersonation of another student, and a false profile. • Cyber sexual bullying involves dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more effects described in (1) – (4) above. A photograph or other visual recording shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording or other electronic act. • Social media bullying involves bullying through forums for social media, such as internet websites with free registration and ease of registration, internet websites offering peer-to-peer instant messaging (such as Snapchat, Tox, FireChat, Orbit, Bleep), internet websites offering comment forums (such as FaceBook, Twitter, Reddit) and internet websites offering image or video posting platforms (such as YouTube, Instagram, Twitch, Imgur).

Retaliation: Retaliation is any adverse action taken against a student because he or she filed a charge of harassment, discrimination, intimidation or bullying complaint to the School or another agency or participated in an investigation about the same (such as an internal investigation or lawsuit), including as a witness. Retaliation also includes adverse action taken against someone who is associated with the individual opposing the perceived harassment, discrimination, intimidation or bullying.

Title IX provides for separate processes and procedures for sexual harassment and sexual assault when the type of conduct falls within the definitions of sexual harassment and sexual assault as provided in 34 C.F.R. § 106.30. In addition, the conduct must have taken place at school locations, events, or circumstances over which the School exercised substantial control over both the individual who has been accused of sexual harassment and/or assault and the context in which the sexual harassment occurs. For these types of complaints, the School will follow the Title IX policy processes and procedures, which may be found in the School’s Title IX grievance policy. If the conduct does not fall within Title IX, this policy will be followed. There may be instances where the conduct falls within both policies and the School will follow both policies. The School’s Title IX Coordinator is Jennifer Carrette, Email: [email protected], Phone: 949-463-6224.

Reporting Discrimination, Harassment, Intimidation, Bullying or Retaliation

Any student who believes that he or she has been the victim of discrimination, harassment, intimidation, bullying or retaliation prohibited by this policy, or any student who has witnessed such discrimination, harassment, intimidation, bullying or retaliation, should immediately report the circumstances in accordance with the procedure set forth below. The School will investigate any conduct that violates this policy, even in the absence of a complaint, and take remedial action where appropriate.

A student may make a complaint, written or oral, to any of the individuals listed below: • Their teacher, school counselor or other school personnel • The principal of the School

© Charter Schools Development Center, 2020 Page 4 of 6 Materials in this publication were adapted under license and with permission from the Charter Schools Development Center and remain copyright © 2020 Charter Schools Development Center, all rights reserved. No part of this publication may be reproduced, stored in a retrieval system, resold, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise except as permitted under Section 107 or 108 of the 1976 United States Copyright Act or without the prior written permission of the Charter Schools Development Center. Complaints may be submitted to the Principal by any of the following methods: • By phone at ______• By email at ______• By mail at ______

Any teacher, school counselor or other school employee that receives any complaints of misconduct, or personally observes, learns about from others, or reasonably suspects has occurred, shall report the same to the Principal, so that the School may attempt to resolve the claim internally. Any School personnel that witness an act of discrimination, harassment, intimidation, bullying or retaliation shall take immediate steps to intervene when it is safe to do so.

Investigation and Disposition of Complaints

The School will conduct a prompt, thorough and impartial investigation that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected. The investigation, conducted by a qualified investigator(s) (who may be a School employee), will include an interview with the alleged student-victim and his/her parent(s)/guardian(s). It may also include interviews with the person who made the initial report, the complainant (if not the alleged victim), the alleged wrongdoer and/or any other person who may have information regarding the incident, each of whom are encouraged to cooperate with any investigation. The investigator may also review any relevant documents.

The School will endeavor to complete its investigation within thirty (30) days of a report of discrimination, harassment, intimidation, bullying or retaliation.

Confidentiality of the complaint and investigation will be kept by the School to the extent possible but note that the investigation will not be completely confidential. The School shall ensure confidentiality with respect to a student’s or family’s immigration status.

The investigator (if a third party) will report his/her findings to the Principal and/or Board of Directors. Where the investigator concludes that a violation of this policy has occurred, the Principal and/or Board of Directors will take prompt and appropriate redial action, including disciplinary action. Depending upon the circumstances, disciplinary action may include, but is not limited to suspension and/or recommendation for expulsion. Discipline for a violation of this policy is not progressive, so a first violation of this policy may warrant suspension or a recommendation for expulsion.

Every complaint will trigger the creation of an investigatory file. The investigatory file will consist of the initial complaint, the final investigative report, including a record of the remedial action to be taken, if any, and all documents created, used or reviewed during the investigation.

At the conclusion of the investigation, the Principal shall notify the complainant of the manner in which it has resolved the matter. If, within 30 days after notification of resolution, the complainant does not agree with the resolution, the complainant may appeal the matter to the Board of Directors of the School by filing a notice of appeal stating the reasons for the appeal and specific disagreement with the School’s resolution of the complaint. The Board of Directors will provide the student with a final decision of the School’s resolution 5 days after the Board of Directors’ next regularly scheduled board meeting. If the

© Charter Schools Development Center, 2020 Page 5 of 6 Materials in this publication were adapted under license and with permission from the Charter Schools Development Center and remain copyright © 2020 Charter Schools Development Center, all rights reserved. No part of this publication may be reproduced, stored in a retrieval system, resold, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise except as permitted under Section 107 or 108 of the 1976 United States Copyright Act or without the prior written permission of the Charter Schools Development Center. student does not agree with the final determination of the Board of Directors, the student may appeal to the California Department of Education using the appeal process adopted in the School’s Uniform Complaint Procedures.

Parental Notification:

Each year, the School shall notify parents and guardians of their children’s right to a free public education, regardless of immigration status or religious beliefs. This information shall include information related to the “Know Your Rights” immigration enforcement established by the California Attorney General. The School shall also inform students who are the victims of hate crimes of their right to report such crimes.

Sexual Harassment Poster

The School shall create a poster that notifies pupils of the applicable written policy on sexual harassment. The poster shall display, at a minimum, all of the following: 1) The rules and procedures for reporting a charge of sexual harassment; 2) The name, phone number and email address of an appropriate school official to contact to report a charge of sexual harassment; 3) The rights of the reporting pupil, the complainant, and the respondent and the responsibilities of the School in accordance with the School’s written policy on sexual harassment.

This poster will be prominently and conspicuously displayed in each bathroom and locker room at the school site. It may be prominently and conspicuously displayed in public areas at the school site that are accessible to, and commonly frequented by students, including, but not limited to classrooms, classroom hallways, gymnasiums, auditoriums and cafeterias. The governing board of the School shall have full discretion to select the appropriate public areas to display the poster at the school site.

Posting This policy shall be posted on the School’s internet website in a manner that is easily accessible to parents/guardians/students.

© Charter Schools Development Center, 2020 Page 6 of 6 Materials in this publication were adapted under license and with permission from the Charter Schools Development Center and remain copyright © 2020 Charter Schools Development Center, all rights reserved. No part of this publication may be reproduced, stored in a retrieval system, resold, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise except as permitted under Section 107 or 108 of the 1976 United States Copyright Act or without the prior written permission of the Charter Schools Development Center.